It is common for aggrieved investors to base their securities arbitration damages analysis on the losses or underperformance associated with specific transactions in their accounts, as opposed to netting out the results from all of the transactions in their accounts. When investors do this, Wall Street’s lawyers frequently retort that the focus on specific transactions […]

In court, judges are subject to a vast network of state and federal rules and laws that provide instructions on how to conduct—and ultimately decide—the cases before them.  If the trial judge misapplies one of these rules or laws (or provides a jury with flawed jury instructions related to the applicable laws), the judge’s action […]

Down the Procedural Rabbit Hole It is not uncommon in FINRA arbitration (or for that matter, arbitrations of any kind) that the testimony of a non-party witness becomes important.  In FINRA customer arbitrations, for instance, the broker whose conduct is at issue may no longer be employed by the respondent brokerage firm or working in […]